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HomeMy WebLinkAbout1980-10-23 BOARD OF APPEALS III October 23, 1980 7 30 p m. The Board of Appeals held a regular meeting in the Selectmen's Meeting Room. Present Ruth Morey, Chairman Woodruff M. Brodhead Irving H Mabee Natalie H Riff in Thomas G Taylor Public hearings were held on the following petitions 30 Cottage St., Bruce A. and Erma M. Jordan - special permit to construct a pool 30 Ewell Ave , Edward J and M. Bernice Winsor - special permit to install a pool and a variance from dimensional controls, necessary for the pool construction 764 Massachusetts Ave , Follen Church Society - renewal of a special permit to sell Christmas trees and wreaths during the month of December on the premises known as 764 Mass. Ave (the old Adams School lot) for as many years as the Board may deem proper. Harrington Rd (Masonic Hall property) , Battlegreen Chapter, Order of DeMolay - special permit to sell Christmas trees and wreaths, Dec 6 to 24, 1980 and 1981 II/ 1265 Mass. Ave , Anthony R. Cataldo - renewal of permission to process and sell fruits and vegetables at premises located at Gold Ribbon Farms, 1265 Mass Ave Rte 128 Howard Johnson Co - special permit to maintain a free standing sign at the restaurant The previously scheduled hearing was withdrawn at the request of the Petitioner (see hearings scheduled for Oct 9) 758 Marrett Rd., Minuteman Tech - variance of height limitation for the design and installation of a wind turbine for generation of electricity for use in Minuteman Tech educational program for energy conservation awareness and vocational teaching of wind turbine electrical and mechanical systems Decisions filed with the Town Clerk 30 Cottage St - SP granted unanimously 30 Ewell Ave - SP & Variance granted (4 to 1 with Mr Mabee in opposition) 764 Mass Ave. - SP granted unanimously (expires 12/31/84) Harrington Rd. (Masonic Hall Property) - SP denied unanimously (strong neighborhood opposition) 1265 Mass Ave - SP granted unanimously (expires 11/9/81) Rte. 128 (North) - SP granted (4 to 1, Mr Mabee in opposition) - expires 4/30/81 758 Marrett Rd - Variance granted unanimously (Planning Board recommended denial) III The regular meeting adjourned at 10 30 p m Respectfully tted, Evelyn F Cole, Administrative Clerk BOARD OF APPEALS Board met in executive session following this meeting BOARD OF APPEALS LEXINGTON October 23, 1980 Executive Session (also see 10/9/80 - exec session) At the conclusion of Board of Appeals hearings on October 23, 1980 the Board went into executive session with the following Board members present Ruth Morey, Chairman Woodruff M. Brodhead, Vice Chairman Irving H Mabee Natalie H Riff in Thomas G Taylor Eric T Clarke, Associate Natalie Riff in made the motion to go into executive session Irving Mabee seconded it It was a unanimous vote (Note A COMPLAINT had been filed in Middlesex Superior Court by the Planning Board and Building Commissioner against the Board of Appeals and Robert F and Lynn M Butts In some instances in this report, when the words "Campbell" or "Joe" were used or "case", "court case", "action" were used, the words "Butts" or "complaint" have been substituted. ec) Chairman Eric Clarke and Bill Scouler were part of the Board making the decision Norman Cohen said that we should leave it up to the Butts to defend the case We don't know if the Butts will answer (the complaint) . It has been filed against the Board and the Butts. While I was not on the side of the Board, why should we leave it up to the Butts? Eric I agree the Board should have counsel Irving We should have some clarification talk with the Selectmen and Planning Board and maybe they will recind the complaint. I wanted to back Peter I was torn Lots are all small in that area . .former officials Eric I doubt talking with the Planning Board will be productive What do we do if they are adament? Chairman The Board has the right to be defended. Natalie When is the legal deadline for filing an answer? Ans Next Tuesday Eric Pat Hagedorn called She will not file next Tuesday. (There may not need to be a legal response to the complaint ) We should protect ourselves. Tom and Irving both said that the petitioner should bear the cost and it was up to the Butts/Campbells Tom. No need to answer complaint Chairman Town Counsel has always been with the Board of Appeals. He gives us assistance -2- 10/23/80 B/A exec session (continued) Eric I don't think the issue is the same giving advice and representing the Board in this case Tom This language (beyond the scope of authority - in the complaint) is common language It should not bother anyone If the Butts want it they should defend it If I represented somebody before a town board I would expect to have to defend it Natalie We should have someone defending the Board of Appeals The Board's interest is different from the Butts Irving It's a waste of money Meet with the boards and change their minds Chairman I don't like taking it lying down Eric I doubt the Planning Board will change its mind An attempt to get a consensus was made Tom No Iry No 1�/,'� � Natalie Yes oQ ' 111 Eric Yes Ruth Yes 5 to 2 would be the vote? Natalie We would go from strength in timely fashion (if we could agree .) We would like to talk it over. Irving What, go to the Planning Board? Natalie Meet with the Selectmen next Monday Eric The Selectmen walked over us Check Monday deadline for responding (to the complaint, if necessary) Natalie Eric Lund would be willing, would like to defend the Board of Appeals We should make the attempt to persuade the Board of Selectmen DECISION. The Board unanimously agreed to meet with the Selectmen. (Morey, Riffin., Eric & Mabee) 111 R.M.